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HomeMy WebLinkAbout914143 r-nC!552 \,,' ",J " RETURN TO: GMAC fvlortgage Corp. 100 Witmer Road, Suite 1021 Horsham, PA 19044 ATTN: Bond Unit RECEIVED 12/2/2005 at 2:42 PM RECEIVING #- 914143 BOOK: 606 PAGE: 552 JEM~NE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOAN NO: 589800408 State of Wyoming IS Ja('~ Abu\'(' Tllb LiIl~ Fur R~l'urdillg D¡ita] lVIORTGAGE FIlA ClSe NUl1lber ------l 591'9771 06701-~~ TI-IJS MORTGAGE ("Security Instrument") is given on November 30, 2005 Bryan Hansen and Morgan Hansen, husband and wife . The r",!urtgagur IS whose address is Po Box 1153 I Afton, WY 83110 (y (" Borrower"). This Security Instrument is given to GMAC Mortgage Corporation which is organized and existing under the laws of address is 100 ¡'Iitmer Road, P.O. Box 963, Pennsylvania Horsham, PA 19044 ("Lender"). Borrower owes Lender the principal sum uf One Hundred Forty Two Thousand Nine liundred Eighty and 00/100 Dollar>,; (U.S. $ 142,980.00 ). This debt is evidenced by Borrower's note dated the same date as this Security InstrulJlent ("Note"), which provides for munthly payments, with the full debt, if nut paid tar! ier, due a III I payahle on De cembe r I, 2035 . Th is Security Instrumtnt seCl\r<:s to Lender: (a) tht:: repaymtnt of the dt::bt evidtnCt::d by the Note, with intt::rtst, and all rentwa]s, eXknsions amI modifications of tht:: Nott::; (b) the paymt::nt of all other sums, with intert>,;t, advanctd under paragraph 7 to pmkct the security of this Stcurity Instnllllt::nt; and (1:) the perfonnallce of Borrower's I:OVtnants and agretlll<:nts under this Security Instrument and the Note. For this purpose, Borrowtr dues herthy llIurtgage, grant and conVty to Lendtr, with power of sale, the following desl:ribed property located in Li nco In County, Wyollling: Lot 24 of Star View Estates Subdivision, Lincoln County, Wyoming as described in the official plat thereof. , anel whose whichhastheaeldressof 177 Hillview Wy,)rning 83110-9405 IZip Code] FHA WYOMING MORTGAGE - 10/95 GMACM -FMS.0285.WY (9603) Drive ("PnJperty Address"); Afton ¡Slre,;l, Cily], Page 1 of 7 Initials j)1\_ ~\-\ 680 327789470 .~., ,\.... a....,. ~j 'i-,j: _ Lt, ")1 L~ ,-} ;~,: r,' 0, ~ t.. 3· '.' ',) -,0,,) TOGETHER WITH all the improvements now or hereafter erected on the pruperty, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacernents amI addit inns shall also be cuvered by this Security Instrument. All of the foregoing is rc:ftrrtd tu in this Sc:<:urity Instrument ¡b (ht "Property." BORROWER COVENANTS that Borrower is lawfully stised of the estate htreby cOI1\'tYtd and has the right to mortgage, grant and convey the Property and that the Property is untncumbered, tXCtpt for en<:urnbrances uf re<:ord. Borrower warrants and will deftnd generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national Use amI non-l.Inifurm cnvenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant amI agree as follows: 1. Payment of Principal, Interest and Late Charge, Borrowtr shall pay when due the principal of, and interest on, tht debt c:vidtnctd by the Note ami late <:harges dUt umltr the Note. 2. Monthly Payment of Taxes, Insurance, alld Other Charges. Borrnwer shall indude in each monthly payment, together with the prin<:ipal and interest as set fnrth in the Nott ami any I'll¡; <:harges, a sum for (a) [aXtS and sptcial assessments levied or to be levitd against the Prnperty, (b) li:'asehold pay nlents or ground ri:'nts Oil the Propi:'rty, and (c) pri:'miums for insuranœ œquirtd lindeI' Paragraph 4, In any year in which the Ltnder lIIust pay a mortgage insurance pri:'mium to the Secretary of Housing and U rhan Devdopment (" Secretary"), or in any year in which such prtminm would have been required if Lender still held the Security ]nstnllnent, each Illonthly payment shall also im:lnde either: (i) a sum for the annual mortgage insurance premium to be paid by Lendtr tu the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is hdd by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly <:harge hy tht Secn:tary, these items are called "Escrow Items" and the sums paid [0 Lender are ca]Jed "Escrow Funds." Lender may, at any time, co]Ject and hold amounts for Escrow Items in an aggregate amount not to t:x<:et:d the maximum amount that may be required for Bnnower's es<:ruw ac<:ount ulH.lt:r the Rt:aJ Estate Settlement Prucedures Act of 1974, 12 USC. § 2601 ~~. ami implementing regulatinns, 24 CFR Part 3500, as they may be anltnded from time tu time ("RESPA"), except ¡hat the cushion or reserve pi:'rlJlitted by RESPA for unClntil'ipated disbursi:'ments or disbursements before ¡he Borrower's payments art available in the account lJJay not bt: basl:d on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts pennitkd to be hdd by RESPA, Lender shall account to Borrower for the excess funds as requirl:d by RESPA. If the amounts of funds held by Ll:ndtr at any time are not sufficient to pay the Escrow Items when dUI:, Lender may notify tlk Borrnwer and require Borrower t() make up the shortage as ptlTuitted by RESPA. The Escrow Funds are pledged as additional sel'urity fur all sums secured by this Se<:urity Instnnnent. ]f Borrower tenders to Lender the full payment of all such SUIllS, Borrowi:'r's ac<:oullt shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insnrance premiunl illstallmtnt that L.ender has not becOlne obligated to pay to the Secretary, and Li:'nder shall prolJiptly refund any excess funds to Borrnwer. !nlmediateJy prior to a foreclosure sale of the Pn)perty or its acquisition by Lender, Born)wer's account shall he credited with any balance remaining for all installments fnr items (a), (h), and (c). 3. Applicalion of Payments. All payments under Paragraphs I ami 2 shall be applied by Lender as fnllows: Firg" to the mortgage insurance premium to be paid by Lender to the Stnetary or to the monthly <:hargi:' by tht Senetary instead of the monthly mnrtgage insurance premium; St:cond, to any taxes, special assessments, Il:aselwld payments or grollnd rents, and fire, nood and nther hazard insurance premiums, as required; Third, to interest due ullcler the Note; FourÙL. to amortizatioll of the principal of the Note; and Fifth. to lall:' <:harges due under the Note. GMACM - FMS.0285.WY (9603) Page 2 of 7 Il1Ilialo: t)~\ V\ ~ --~ ,,¡ . .',1 IJ ,~, lí1 .', ,jJ ::J .L' -{: J.L ..,~....\ :' n q t':." C:' it '.,' U lJ V 0 -1 LOAN NO: 58'3800408 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure: all improvements on thç: Prupeny, whether now in existen<.:e or subseque:ntly ere<.:ted, <lg<linst any hazards, casualties, and contingencies, including fire, for which Le:nder requires insurance. This insurance shall be maintained in tIle: amounts and () - the pe:riods that Lender requires. Borrower sludl also insure: all impro\'ellwnts on the Property, whethe:r now in existence 1)1' subsequently erected, against loss by tloods to the extent reqnired by the Secretary. All insurance shall he carried with companies approved by Lender. Thç: insurance policies and any renewals shall be held by Lender amI slJall iÚc1ude loss payable clauses in favor of, ami in a form acceptable to, Lender. In the e\'ent of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company l'() lct: 'ned is hereby authorized and direded rl) make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of thè insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the inlh,btednt:ss undt:r the Note and this Security Instrument, first to any ddinquent anlounts applied in the order in Paragraph 3, amI then to prepay ment of principal, or (b) to the restoration or repair of the damaged Property. Auy appli<.:atiun of the proceeds to the principal shall not extt:nd or postpone the due date of the lIlonthly payments which are referred tu in Paragraph 2, or change the amount of such payments. Any excess in,urance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entilled thereto. In tht: eVt:nt of foreclosure' of this Security Instrument or other transfer of titl<:: to the Pn)pe:rty that extinguishes the illllebtedn<:::ss, all right, title and inter<:::st of Borrowtr in and to insurance policit:s in furce: sJl,dl pass to lhe purchaser. 5. Occupancy, Presen'ation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establ ish, and Use the Prnpe'rty as Bl)lTUWer's princ ipal resid"llce within sixty days after the execution of this Seçurity Instrument (or within sixty days of a lakr sale or transfer of the Property) and shall continue to occupy the Propt:rty as Borrower's principal residence for at least One ye:ar after the date of occupancy, unless the Lemler determines that requirernt:nt will cause undue Ilardship for Borrower, or ullless extenuating cin:umstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrow",r shall not comrnit waste or destroy, damage or substantially c:hangt: the: Propt:rty or allow the Property to dettriorate, reasouable wear amI tear excepted. L",ndt:r may inspect tlJe Pwperty if the Property is vacant or abandoned or the loan is in default. Leuder may take reasonable: action to prottct and pre'serve such vacant or abandontd Property. Borrower shall also ht: in default if Burrower, during the nall appl ication process, gave materially false or inaccurate information or statements tu Lender (or failed to pwvide Lender with any material information) in çonne<.:lion with the loan evidenced by the Note, including, but not limikd to, representations concerning Borrower's occupancy of the Property as a principal rtsidence. If this S",curity Instrument is on a leasehold, Borrowt:r shall comply with the provisions of the lease. Jf BO!Tower acquire:s f",e title to tht: Property, the leasehold and ft:e title shall not be merged unless Lender agrees to the mergt:r in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or conseqllential, in conneçtion with any condemnation or other taking of any part of the Property, or fur çOll\'eyance in plac", of comlemnation, aI'''' hert:by assigne'd and shall be paid to Leuder to the extent of the full amount of th", indebtedness that remains unpaid undtr the Note amI this St:çurity Instrument. Lender shall apply such proceeds to the' reduction of the imlebkdlless unllt'r the Note amI this Security Instrumt:nt, first to any deJinqut:nt amounts applied in the ordt:r providt:d in Paragraph 3, and thtn to prepayment of principal. Any application of the proce'eds to the principal shall not txtend or Pl)stpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the anHHlnt of such payments. Any excess procteds over an amount required to pay all outstanding indebtedne'ss under th" Note and this Stcurity Instmment shall be paid to the entity legally enritb) therttn. 7. Charges to Borrower and Protection of Lender's Hights in the Property. Borwwt:r shall pay all governmental or municipal chargt:s, fines amI impositions that are not included in Paragraph 2. Borwwer shall pay these obligations on time directly to the' entity \\'hiçh is owed tht: paymellt. J1 failure to pay would adversely affect Lender's intertst in the Property, upon Lemler's requ<:::st BO!To\\'t:r shall promptly furnish to Lender receipts evidt:nçing these payments. GMACM ,FMS.0285.WY (9603) Page30fl /th t\K Initials iJ) \1; \ ' .""< AI '3" ,';'j -' ~ .....,; Lf~- , ~. _~ '-'-'2 JL ~ .~ .' ~'¡Ji/' r-. f''''' , ' ¡\ ( " ¡.. ., ")' ", \) \,' 0 .J " If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform allY other COYt:nants amI agreements I:ontained in this Secmity Instnllllent, or thtre is a legal procetding that may signifiullltly affel:t Lender's rights in the Property (sn¡,;h as a proœeding in bankrnptl:Y, for ¡,;ondel11nation or In enforœ laws or regulations), then Lender rnay do and pay whatever is necessary to pruted Ille value of the Property alld Londer's rights in the Proptrty, including payment of taxes, hazard insurance and other ittl11s melllil>ned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall bel:ome an additil>nal debt of Bl>rrower ami be secured by this Security Instrument. These amounts shall bear inttrest from the date of disbnrsemtnt at the Note ratt, and at tht option of Ltnder shall be inmlediatdy due and payable. Borrower shall promptly disl:harge any litn whil:h has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by tht: ]it·1l in a manner al:ceptable tl> Lende:r; (b) conk,,;ts in good faith the lien by, or defends against enforœlllt:nt of tht: lit:1I ill, legal p '()"ecdillgs which ill the: Le:lldt:r's opinion operate to prevent the ellforl:ement of the lien; or (c) sec:urt:s frolll tht: holder of the litn an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lendn ddermints that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender rnay give Bl)ITOWer a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the ac:tions stt IÙrth above within 10 days of the giving of notice. 8. Fees, Lender may I:ollect fees and charges authorized by the Senetary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by tht Secretary in tht ¡,;ase of payment defauJts, require immediatt paYllltlll in full of aJl sums stcured by this Sel:urity Instrument if: (i) Borrowt:r defaults by failing to pay in full any monthly payment required by this Sel:urity Instrumtnt prior to or ,)n the due datt of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty clays, to perform any other obligations l:ol1tained in this Security Instrument. (L) Sale Without Credit Approval. Lender shall, if permitted by applicable Jaw (including seçtion 341(d) of the Garn-St Germain Depository Institutions Al:t of 1982, J2 U.S.C. 170 Ij-3( d) and w irh the prior approval of the Senetary, require immediate payment in full of all snms secured by this Se\."urity Instrument if: (i) All or part of the Property, or a benefil:ial interest in a trust owning al] or p~lrt nf the Prnptrty, is sold or otherwist transferred (other than by devise or desœnt), amI (ii) The Property is not lKcupit:d by the purchaser or gralltee as his or her prinl:ipal residenl:e, or the Imrd1astr or grantee does so ol:l:upy the Property, but his or her crt:dit has not been approved in aCl:ordanl:e with the requiremtnts of the Secretary. (c) No 'Vaiver. If l:Ìrl:umstances oœur that would permit Ltndtr to rtquirt immediate paYIllt:nt in full, but Lender does not require sud¡ paymtnts, Lemler does not waive its rights with rtsped to subsequellt events. (rl) Regulations of BUD Secretary. In many cill'Ul11stancts regulations issut:d by Iht: Sel:rdary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclost: if not paid. This Security Instrument does not authorize acc:cleration or fortdosurt if not pt:Jlnitkd by rt:gulations of the Stcrttary. (e) Mortgage Not Insured. Borrowtr agrees that if this Sel:urity Instrument and the Note are not determined to be eligible for insurance undtr the National Housing t'\l:t within sixty (60) days from the date hereof, Lender may, at its option require immediate payment in full of all sums sel:un::d by this Sel:urity Instrumtnt. A written statement of any authorized agent of the Secretary dakd subsequent to sixty (60) days from the date hert,)f, declining to insure this Sel:urity Instrumtnt and the Note, shall be deemed I:onclusive proof of sud1 intligibi]ity. Nutwithstancling the foregoing, this uption may not be extrc:ised by Lemler when the unavai]ability of insurance is solely due to Ltllller's failure to remit a rnortgage insurance premium to the Secretary. GMACM - FMS.0285.WY (9603) Page4of7 Il\ilial" _ß ~L~~ \1 ~:i::~/<lJt; ,L~3 r " r- to::- [:' ,.. . :. "0 J I.) LOÞ.N NO: 589800408 10. Reinstatement. Borrowtr has a right to be reil1stated if Lender has required immediate payment in full be~ause of Borrower's failure to pay an amount due limIer the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reiustate the Se~urity Instrurn.:nt, Born)w.:r shall tender in a lump sum all amounts required to bring Bonuwer's account current including, tn tll': exknt they are obligations of Bc>rrower under this S.:curity Instrument, fortclosure costs amI reasonabll: ami ~ustomary attorney's fees and expenses proptrly assocj¡tttd with thl: foreclosurl: pruceeding. Upun rl:instatement by Borrowl:f, this Sc:curity Instrument amI the obligations that it secur.:s shaH remain in dlect as if Lendc:r had not reL uir.:d immediate payment in full. However, Lender is not required to permit rc:instatement if: (i) Lender has acc.:pted r.:instatement afttr the COl1lJl1encem.:nt of foreclosure pruce¡;dings within two y.:ars immediately prectding the c01l1rnenceml:nt of a current forl:closur¡; proceeding, (ii) r¡;instatem¡;nt will pr.:clude foreclosure ou diffÚent grounds jn tile future, or (iii) reinstatemtnt will adversely affect th¡; priority of the lien creali::d by this Security Instrument. 11. Borrower Not Released; Forbearance By Lemler Not a Waiver. Extension of the time l)f payment or modification of amortization of tht sums secured by this Security Instrument grauted by Lender to any succc:ssor in intertst of Borrower shall not operate to release the liability l)f th¡; original Borrower or Blnrnwer's Slll·~essor in interest. Lender shall nnt bt required to cnll1meuce pro~.:edings agaiust auy successor in interest nr refus.: tu ,,:xleud time for paym.:nt or otherwise modify arnortization of the sums s.:cured by this Security InstnlInent by rc:asun uf any demand made by the original Borrowtr ur Borrowt:r's S\l~~essors in interest. Any fmht:arance by Lt:nder in eXt:rcising any right or remtdy shall not he a waiver of or preclude the exercise uf any right ur rt:medy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The ~l1Venants and agr<::ements of this Se.:urity Instrument shall bind and benefit th.: successors and assigns of Lt:l!lln and ß( rrow.:r, subjeL·1 to tht: pruvisions of Paragraph 9(b). Borruwer's covenants and agreemt:nts shall be juint amI sewral. :\1IY BOITnwer who co-signs this Se~urity Instrument but does not executt: the Note: (a) is .:o-signing this Security Instrument only tu murtgage, grant and convey that Borrowl:r's interest ill the Prurerty umler the tenns of this S..:~urity Instrument; (b) is not personally obligakd to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accomlJlod.ttions with regard tl) tile terms of this Sl:curity Instrument or the Not.: without that Borrower's COllsent. 13. Notices. Any notice to Borrower provided fur in this Security InstrullJ':1It shall he given hy deliwring it ur by mailing it by first class mail unless arplicabl.: law re:ljuires use of another me:lhod. The: noti.:e sha1l h.: dirl:cte:d to the Property Address or any other address Borrower de:signates by notice to Lemler. Any nutice to Lemler shall bt: given by first dass mail to Lender's address state:d htreill or any address Lender dc:signaks by notice to Borrower. Any notice provided flH in this Security Instrument shall b¡; del:mt:d to have betn given to Borrower or Ll:nder wh¡;n given as provided in this paragraph. 14. Governing Law; Severability. This SI:~urity Instrulll.:nt shall be: governed by Federal law and thl: law of the jurisdiction in which th.: Property is lo~atèd. [n the event that any provision or dause of this Se~urity fnstrument ur [he Note contli~ts with applicable law, such connict ~hall not affect other pil)visions of this Security Instrument or the Note whi.:h can be given effect without th¡; contlicting provision. To this eml thl: provisions of this Se-.:urity Instrument and the Note ar¡; declared to be severable. 15. Borrower's Copy. Borrower shall be given on.: cunformed copy of the Note: amI this SI:-.:urity In~tnl1n..:nt. 16. Hazanlous Substances. Burrown shal1 not cause or permit the preSel1l''':, use, d ispnsal, storag.:, or il:Ic~~lse of any Hazardous Substances on or in the Pruperty. Borrower shal1 not du, II()) a1low anyune <:Ise to dl), anything affecting the Property that is in violation of any Environmental Law. The prtceding tWl) senknces shall Ilut apply to the presence, use, or storage on the: Property of small quantities of Hazardous Substanc.:s that are generally recognized to be appwpriak to normal residential us¡;s and to nwintenanc..: of the Pmperty. GMACM - FMS.0285.WY (9603) Page50f7 , , (l)\- ~^ 1_, Il1IlIdlö: ij f \'\ ---~_.- \, )", Ji/,t3 0!ìnt::'t'~~! '.' \) \) J v I Borrower shalJ promptly give Lender written noti<:e of any investigation, claim, demanu, lawsuit or otlltr adion by any governmental or regulatory agency or private party involving the Property awl any Hazardous Substanœ or Environmental Law of which Borrower has actual knowledge. If Borrowtr learns, or is notified by any governmt:lltal or regulatory authority, that any removal or other remeuiation of any Hazardous Suhstanct:s affecting the Propt:rty is necessary, Borrower shall promptly take aJl necessary remedial actions in accordance with Enviromnenta] Law. As used in this Paragraph 16, "Hazardous Substances", are those substances defined as toxi<: or hazarduus substances by Environmental Law and the following substam:es: gasoline, kerosene, other tlanunahle or toxic pdroleull1 products, toxic pesticides and herbicides, volatile solvt:nts, materials containing ashtstos or forlllaldt:hyde, and radioadive materials. As used in the Paragraph 16, "EnviroJ\J11entaJ Law" mt:ans fedt:ral laws and laws uf the jurisdiction wht:re the Propt:rty is located that relalt: to health, safdy or environmt:ntal protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fullows: 17. Assignment of Rents. Borrower unconuitiowdly assigns and transfers to Lenuer all the rents allll revenues of the Property. Borrower authorizes Lemler or Lend.::r's agents to coiled tht: rents and revellues and ht:rc:hy directs each tewmt of the Property to pay the rents to Lend.::r or Lender's agents. ¡'¡owevtr, prior to Lenuer's notice to Borrower of Borrowtr's breach of any covenant or agreement in the Security Instrunwnt, Borrower shall colkd and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received hy Borrowt:r shall he held hy Borrower as trustee for benefit of Lender only, to be applied to the sums secllrc:d by the Security Instnllllent; (b) Lender shall be entitled to collect and receive all of the rents of the Property: and (c) eadl tenant ur the Property sllall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenaut. Borrower has not executed any prior assignment of (he rents and has not and will not perform any act [hat would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or afttr giving uotice of breach to Borrower. Hnwever, Lender or a judicially appniuted receiver III:')' dt) so at auy time there is a hreac'h. Any application of rents shall not cure or waive allY default or invalidate auy ulher right or reulcdy t)f Lender. This assignment of rents of the Property shall terrninate wllC'n [he dc:bt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure, I I' Lender requires immediate payment in full under paragraph 9, Lender lTlay invoke the power of sale and any other remedies ptrmitted by applicable Jaw. Lellller shalJ be ent it led to colJect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited tt), reasnuahle attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to forednse In Borrowc:r and tu the person in possession of the Property, if different, in accordance with applicable law. Lender shall give nntice nf the sale to Borrower in the manner provided in paragraph 13, Lender shall publish the not ice of sale, a III I the Pruperty shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the Pmperty at any sale. The proceeds of the sale shall be applied in the follnwing order: (a) to alJ expensC's of the sale, includillg, but not limited to, reasonable attorneys' feC's; (b) to all sums secured by this Security Instrument; and (c) any eXCess to the person or persons legally entitled to it. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary rt:l[uires ilnmediate payment in full under Paragraph 9, the Secretary way invoke the nonjudicial power of sale providcd in Ihe Single Family Mortgage Fureclosure A<:t of 1994 ("Act") (12 V.S.C. 3751 ~ ~.) by requesting a fureclusure commissioner designated under the Act to comrnence foreclosure allll to sell the Prnperty as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otht:fwise available to a LC:IIlJc:r under this Paragraph 18 or applicable law. GMACM - FMS.0285.WY (9603) P¿¡ge6of7 Initidls ß~~~ t~ --~ IJ"'¡- d3" 'k<!L'-;!; ,~ Ii í', ~5 5 8 LOAN NO: 589800408 19, Release. Upon paym:;:nt of all sums s:;:cur:;:d by this St:clIrity Instrumt:nt, Lc:ndn shall rdeas:;: this St:clIrity Instnnnent without dmrgt: to Borrow:;:r. Borrow:;:r shall pay any [:;:cordation custs. 20. \Vaivers. Borrower waiws all rights of hOIll:;:skad eXt:mption in thc: Propnty and rdinl llishes all rights of l:lIrtc:sy and duw:;:r in the Property. Riders to this SeCllrity Instrllment. If on:;: Dr more rickrs ar:;: :;:xecllkd by Borrower and rc:cDrded together with this ~t:l:lIrity Instrullwnt, the covt:nants of each slld1 rider shall be inl'orpurated into amI shall amend and sllpp]e:JI1ent the: l:ovenants . and agreements of this Sel:urity Instrume:nt as if the ride:r(s) wt:rt: a part of this Se:l:urity Instrument. [Che:l:k applil:abl:;: box(es)] DCondoll1inillm Rid:;:r DPlann:;:d U nit Development Rider DAdjllstablt: Rak Rider DGradllated Payment Ridt:r DGrowing Equity Rider [}ŒOther(s) Ispel:ify] Manufactured Home Rider Tax Exempt Financing Rider BY SIGNING BELOW, Borrower accepts and agrc:es to th:;: terms conlaint:d in this Security Instrument anel in any rielc:r(s) execut:;:d by Borrow:;:r ami recorded with it. Witœsses: t21'~'vL, L,J~'\.-~'e-"--,, , Bryan -Han,:-fl------ (Sea]) - BlInllll'tr ~M fu~)..){\ ~____~__n_ (Seal) organ Hã)lŠ~ -!3.)nUlVèr __ (Seal) (Seal) -Bonoll'er - BlIITUI\'el STA TE OF WYOMING, L in co In COllnty ss: Th:;: foreguing instrument was acknow]edgeel b"fur:;: me this Noventber 30, 2005 (dil'e) Bryan Hansen and Morgan Hansen, husband and wife by (perSlHI acknllll'ledging) My Commission Expires: 9 - 15 - 0 7 /t(¿eCV¿¿Du ~~~V-:L~~__ N(),:"y Public / GMACM - FMS.0285.WY 19603) , "'~~J GLORIA K. BYERS· NOTARY PUBUG County of rt,,1Jfu~ State of Lincoln \~ Wyoming My CommissIon Expires Sept. 15, 2007 Page 7 of'" .............. '- ), ." Ai 3 li Lr~'. ..¡L ~ í' 'ì r,\ .,,~ ç- D ',:)I;~""\' . \, '. '-IV MANUFACTURED HOUSING UNIT RIDER TO THE l\IORTGAGE / DEED OF TRUST / SECURITY INSTRUMENT (Manufactured Housing Unit to Become Affixed) This Rider is mad.: this 30th day of November 2005, and is incorporat.:d into and sha]] h.: deem.:d to amend amI supplem.:nt th.: Mortgage, D.:ed of Trust, or Security Deed (the "Security Instrument") of the sam.: dare given hy the undersigned (the "Borrower") to secure Borrower's Note to GMAC Mortgage Corporation (the "Not.: Holder") of the same date (the "Note") and covering the land descrihed m the Security Instrument as: Lot 24 of Star View Estates Subdivision, Lincoln County, Wyoming as described in the official plat thereof. (Legal Description) which cmrently has the address of: 177 Hillview Drive Afton, WY 83110-9405 (Property Address) together with the Manufactured Housing Unit described as folh>\\'s which shed! be a part of the real property : Make: Nashua Homes Model: 6028 3BMP sec Year: 1995 Serial Number(s): NNID 34818AB Width & Length: 26x 56 MODIFICATIONS. In addition to the cO\"enants and agreements made in the Security Instrument, Borrnwer(s) further covenant amI agree as follows, for themselves, th.:ir Ileirs and assigns to the Note Holder: LOAN# ; 589800408 MUL TISTATE MANUFACTURED HOME RIDER ß Page 1 of 3 327789354 . . ~l- Jlllt mJs: . CT GMACM - ARM.0250.MANFCT 10403) V\H , ~. ,"'""1 .Å~ ff. : L<. ."~'Ji. ~".D '(\r!~::60 .' ,) ~; V A. Property: Property shall encompass the Manufactured Housing U uit described above that is or that will become affixed to the land legally described herein. ß. Additional Covenants of Borrower(s): (a) BO!Tower(s) covtnaut and agree that BOITower(s) will comply with all State aud local laws and regulations regardiug the affixation of the Mauufal.:tlired Housing Unit to the land described herl'in iududing, but not limited to, surrenderiug the Certificate of Titlt (if required) and obtaining the requisite gov¡;rnmental approval and accompanying docun1tntation utl.:essary to classify tlw Manufai.:lured Housiug Unit as real property under Start and local law. (b) That the MaIlufactured Housing Unit described above shall be, at all times, ami for all purposes, pennanently affixed to allll part of the land legally described htrein and shall lIot be removed frum said land. (c) BOITower(s) covenallt that affixing the MaIlufai.:lured Housing U nit to the lalld legally described herein does not violate any zouing laws ur other IOl.:al requirements appI il.:able to Illanu fal.:tured hUll1es. (d) In the event state or 10l.:al law does uut provide for a surrender of title, Borrower grants Lemler a security interest iu the Manufal.:tured Housing Unit and shall execute such dOl.:uments as Lemler may request to evidence Lender's security intertst therein. THIS SPACE LEFT INTENTIONALLY BLANK LOAN# : 589800408 MULTlSTATE MANUFACTURED HOME RIDER GMACM - ARM.0250.MANFCT (0403) Page 2 of 3 6~ \\ ,1\ 'A ",',1'", , fjj 3' ' J'.-.~:....~.;I...~. .. n r: L~' G 1', '" ',) l: v _ BY SIGNING TIllS, Bnrrower(s) agree to all of the ahnve. 131' ýÞ\.r );L~'S¿~ Bryan Hansen (Seal) -B<>[[owc[ ~ N\ Dc~}(\[)ß.X\ Morgan Ha s~n (Seal) - Ih)lT\I\\,';[ (S¡;al) - Bormwc[ (Seal) - lluIT()\\'çr LOAN# : 589800408 MULTlSTATE MANUFACTURED HOME RIDER GMACM - ARM.0250.MANFCT 104031 Page 3 of 3 11/30/05 09:50 FAX f4J 006 LJ:i ~~ .-, '-I " c:: G\ l) '.' ',) \..: ...J I... MORTGAGEADDE~~UM The following is an Addendum to the Mortgage. The addendum shall be incorporated into, and recorded with, the Mortgage. TAX EXEMPT FINANCll'lG }{ll)ER This 'tax-Exempt Financing Rider is incorporated inTo ¡}nd sha]] be deemed to amend the term.s ofIlle MOligage to which it is attached, In addition to the covenants and agreements made in the Secnrity Instrumtcnt, Borrower and Lender further covenant and agree as follows: Lender, or such of jts successors or assigns as may, by separate instrument, assume responsibility for assuring compliance by me Borrower with the provisioæò of this Tax Exempt FÙllincing Rider, may require immediate payment in 1\tl1 ofall surns secured by this Security Instrument if: (a) All Of part of the Property sold or otherwise transferred (other lban by devise, descent or operation oflaw) by Borrower to a purchaser or other uansferee: i) Who cannot reasonably be t;xpeçted to occupy the property as a principal resident within a reasonable time afltr the sale or transfer, all as provided in Stction143(c) and (i) (2) of the Internal Revenue Code; or ii) Who has had a present ownership interest in a principal residence during any part of the: thret yeil! pelÍod ending on Ùle date of the sale or ¡ransfer, ,ill as provided in Section 143(d) and (i) (2) of the Internal Revtnue Code; or hi) At an acquisiLion cost which is greater than 90 percent of the average area purchase price (greater than 110 ptrcent for targeted area n:sidencts), all <1S provided in Section 143((;) and (i) (2) of the Internal Revenue Code; or iv) \Vhose family income exceeds app1icablt income limits as provided in Section 143(f) and (i) (2) of the Internal ReVènue Code. b) Borrower fails to occupy the propèrty described in the Security Instrument withouL prior written Consent of the ltilder or its successors or assigns described at the beginning of this Tax Exempt Financing Rider, or c) Borrower omits or misrepresents a fact that is Tnaterial with rtspect to the provisions of Section 143 of the Internal Revenue Code in an application for the Joan secured by this Security Instrument. References are to the Internal Revenue Code a,5 amtnded, in effect on the date of execution of the Security Insmltnent and arc deemed LO include the implementing regulations. BY SIGNING BELOW, Borrower accepts and agrees to the tenm and provisions in this Tax-Exempt Financing Rider, ;3rV¡LA- !¡~5-¿" Borrower: Bryan Hansen "-"\\"<\("rX~N\ t\-C~'\ Borrower: MPP 210-B (Revised ]2/95)